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RIGHT TO INFORMATION & EVIDENCE

RIGHT TO INFORMATION & EVIDENCE This is a time when lot of information is being gathered with the help of RTI Act. In fact there are specialists in the field popularly known as RTI Activists. Without going into the motive of the RTI Activists and thinking purely from legal point of view the question arises is “Does the information gathered under the RTI Act can be termed as a good evidence under the Evidence Act”. The Information given under the RTI Act is in reply to the information sought by the Applicant under the RTI Act. Thus reply is correlated to the query and has to be in context of information that is sought. Thus any reply can never be read in isolation and has to be read along with the information sought. Further, the information may not be complete and it is only based on what is there in record and is in reply to the query and therefore it is important to have the copy of the documents based on which the information is provided. This certified copy can be ter

CD's are Documents as per Evidence Act, holds Supreme Court of India

CDs are documents and can be considered as evidence under law: SC The Supreme Court has ruled that a compact disc (CD) is a document under Section 3 of the Indian Evidence Act, 1872. The Court also held that a CD has to be exhibited/played by the trial court to enable the public prosecutor to admit or deny its genuineness under Section 294 of the Code of Criminal Procedure (CrPC). The decision was rendered by a Division Bench of PC Pant and Dipak Misra JJ. in an appeal against the decision of the High Court of Punjab and Haryana in the case of Shamsher singh Verma Vs. State of Haryana. The appellant accused is on trial for molestation of his niece and is currently lodged in jail. He had sought to rely on the recording of a conversation between his wife and son, and the father of the victim. The appellant had  moved an application Section 294 of CrPC to get the CD played in the court for preserving a copy of the text contained, and therein for further communicat

'SIMON COME BACK' / FOREIGN LAW FIRMS IN INDIA

One of the most conspicuous and significant outcome of the process of globalization and liberalization has been the opening up of economies of evidently all the countries around the globe. There has been mounting pressure from members of the WTO for opening of the legal services sector in India. On the other hand, there has been a strong apprehension of the Bar Association of India and particularly the Bar Council of India in permitting foreign law firms to enter India as according to them, it may lead to the shrinking of opportunities available to the domestic lawyer. As India is a signatory to the General Agreement on Trade and Services (GATS), it has an obligation to liberalise its legal sector. It has not been able to make much headway on this due to stiff opposition from Indian lawyers' representative bodies Bar Council of India (BCI) and Society of Indian Law Firms (SIFL) and legal cases against allowing foreign law firms to practice international law in India. The